Divorce Questions & Answers

Q: My wife is refusing to sign the mutual divorce decree can I still get divorce without her signature??

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jun 22, 2018
Kathryn Hilbush's answer
If you wait another six months, after you've been separated for a year, you'll be able to proceed with a unilateral divorce under Section 3301(d) of the Divorce Code.
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Q: Self-representing for divorce after being abandoned by attorney – need help with next steps.

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jun 22, 2018
Kathryn Hilbush's answer
Unfortunately, you left out some important information like what the Counter-Affidavit claims your date of separation to be but I have to assume it's not the same as what your 3301(d) Affidavit stated. Now, the Rules of Civil Procedure require the Counter-Affidavit to be filed within 20 days of service of the 3301(d) Plaintiff's Affidavit so, assuming that the other side isn't totally incompetent, I think you either may be missing something or haven't set it forth here. So, even though you...
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Q: If you have a 50/50 plan can you one day move and get primary physical?

1 Answer | Asked in Divorce and Child Custody for Nebraska on
Answered on Jun 22, 2018
Julie Fowler's answer
To ask the court to change the custody from joint custody to sole custody, the parent generally has to file a complaint to modify. For the court to grant the request to change custody when the other parent objects, the parent would need to show that there has been a material change in circumstances and that a change in custody is in the minor child's best interest. In general, the judges are hesitant to take away a parent's joint custody if the child is overall doing well in a joint custody...
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Q: Can my husband tell me I can't see my son bc of what his lawyer told him supposedly?

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Answered on Jun 22, 2018
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Q: If my daughter is 17, has graduated high school and is enrolled in college, is she still considered a minor.

2 Answers | Asked in Divorce for Georgia on
Answered on Jun 22, 2018
P. Justin Thrailkill's answer
A pro se what? She is still a minor, and still your responsibility, until she turns 18.
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Q: Can i open a new case in Domestic Relations even though I closed one previously?

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Answered on Jun 22, 2018
Cary B. Hall's answer
Yes, you can. You can also file a Petition for Contempt with the court if there's a settlement that was part of your divorce decree and your ex hasn't followed it.

If you'd like to discuss your case offsite, feel free to contact me. If you're asking from Whitehall, I do practice family in Lehigh and Northampton Counties. Best of luck to you.
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Q: Is it possible for me to file a divorce against my husband from abroad?

1 Answer | Asked in Divorce for New York on
Answered on Jun 22, 2018
David P. Badanes' answer
Assuming he has lived in N.Y. for more than 2 years, than you can file in New York, even if you are living in Belgium.
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Q: If I had a domestic violence charge dismissed, would that still affect getting custody of my child?

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Answered on Jun 21, 2018
Kiele Linroth Pace's answer
Consult the attorney that defending you on the criminal charge to find out if you are eligible for an expunction. If so, consider noticing your husband's family law attorney as a respondent in the expunction order.
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Q: If a married couple have been living seperate for 6 yrs if he files for divorce can she go for alimony now?

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Jun 21, 2018
Cary B. Hall's answer
Yes, she can ask the court for it -- but that doesn't mean she'll get it. If she's been able to support herself during 6 years of separation, she probably won't get much (unless he's been giving her money during those years, or otherwise been paying for marital expenses, like a mortgage payment).
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Q: Ex is to provide monthly Child Support payments and has barely made any payments, EX MIL says No Job, No Money.

1 Answer | Asked in Divorce for Indiana on
Answered on Jun 21, 2018
William J Webster's answer
For you r ex to be in contempt, the Court must find a "willful disregard" of the Court's Order. If your ex is temporarily unemployed and does not have any income, then he could argue that he is not willfully disregarding the Court's Order, as he does not have the financial ability to pay the support. In my opinion, he would have to show the Court that he is taking great efforts to find employment by applying for multiple jobs per day to not be found in contempt. He cannot simply say, I...
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Q: My husband said he wanted to separate after 35 yrs of marriage. If I leave the house would I be jeopardizing anything ?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jun 21, 2018
Cary B. Hall's answer
First of all, sorry to hear about your situation. I've gone through divorce myself, and it's no fun.

You can certainly move out -- you're not trapped or caged there. I do suggest sitting down with a family law attorney immediately, however, to go over what to expect during a separation and divorce. And I would do this *before* you move out. If you'd like to speak further about your situation, feel free to contact me offsite -- my office is in Norristown, a half-block from the...
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Q: Do I have to pay my husband back for this?

1 Answer | Asked in Divorce and Family Law for Louisiana on
Answered on Jun 21, 2018
Ellen Cronin Badeaux's answer
He used separate funds to pay an expense not in furtherance of the community. No you din't have to pay him back and your attorney should know this.
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Q: If you haven't settled community property in a divorce can either party sell or move unresolved community property

1 Answer | Asked in Divorce for Louisiana on
Answered on Jun 20, 2018
Ellen Cronin Badeaux's answer
No the divorce must be confirmed and the community property partitioned to sell, lease, dispose of, donate or encumber community property.
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Q: Child support questions in Virginia?

1 Answer | Asked in Divorce, Child Custody and Child Support for Virginia on
Answered on Jun 20, 2018
Michael Christopher Miller's answer
Unless the parents agree otherwise, child support ends at age 18 or high school graduation, unless there is some permanent disability.

Often times settlement agreement do have college expense obligations that are separate from child support obligations.

Any financial arrangement after child support ends is between the parent and child as they agree.
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Q: My husband filed for temporary custody of our 3 boys cause he thinks I've abandoned them. What do i need to do

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Answered on Jun 20, 2018
Michael L Capleone's answer
Consult with an attorney in your area. You have legal rights!
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Q: What is the man responsible for in non contested divorce Financially wise

1 Answer | Asked in Child Support and Divorce for Alabama on
Answered on Jun 20, 2018
Michael L Capleone's answer
Potentially anything and everything he would be responsible for financially in a contested divorce. It really depends on what type of financial issues are involved.
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Q: What if I am not sure if my husband would agree on a uncontested divorce.

1 Answer | Asked in Child Custody, Divorce and Family Law for Alabama on
Answered on Jun 20, 2018
Michael L Capleone's answer
It depends on the individual attorney and agreement that is entered into between the Client and Attorney.

For example: In a case where a client has retained me for an uncontested divorce that later becomes contested; I just apply the amount of attorney fees already paid by the client to what retainer I charge (All of this by contractual agreement of course.)

To answer your question, not necessarily. It depends on what you and your attorney agree upon.
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Q: My daughter recently filed for divorce. Being a single mother my wife and i hired a local attorney in Baldwin County.

1 Answer | Asked in Divorce for Alabama on
Answered on Jun 20, 2018
Michael L Capleone's answer
If one party files for divorce and another party files too dismiss the case, the case will generally move forward. A hearing date would be set to hear the argument of both sides concerning the motion. In order to give you an answer concerning argument against the motion, I would need to see a copy of the motion that was filed and what arguments / issues that are being raised in said motion.
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Q: What is the standard procedure for calculating credits in a divorce and what is the meaning behind it?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jun 20, 2018
Kathryn Hilbush's answer
I'm sorry but this is a very fact specific question which would require far more detailed knowledge of your case. I have to assume that you have an attorney representing you. She/he is the one you should be asking about this. If you don't have an attorney representing you, then grab your file and consult with an experienced family law attorney. It sounds like the husband has filed an appeal to Superior Court. If so, you're going to want to have an attorney with some appellate experience...
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Q: I divorced my husband and we got back together, do I refile for divorce?

1 Answer | Asked in Divorce for Colorado on
Answered on Jun 19, 2018
John Hyland Barrett III's answer
This is very complicated. If you remarried him through a common law marriage, then your prior divorce terms are not in play. You need to file for a new divorce with a new property settlement. If you did not establish a new common law marriage, your prior agreement may still hold. Based on just this limited info, you may have established a new common-law marriage since you lived together and held yourselves out as husband and wife. You should retain an attorney to review your situation and...
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